PAYDAY LENDING ZONING LAWS/LEGISLATION APPENDIX 1 – List of Payday Lender Ordinances JURISDICTION BASIS FOR LIMITS DETAILS Birmingham, AL Midfield, AL Moratorium Moratorium Homewood, AL Permit Mobile, AL Moratorium PROPOSED – 9/11 No more outlets than the current 12 Restrictions on new payday lender businesses 6 month moratorium on payday loan outlets as of April 2010 Casa Grande, AZ Distance Gilbert, AZ Distance/Permit Mesa, AZ Permit Phoenix, AZ Distance Pima County, AZ Permit/Density Cannot operate within 1,320 feet of same regardless of whether same is located within city limits or another jurisdiction Cannot operate within 1,000 feet of each other. Must apply for conditional use permit after going through public hearing for approval. Payday businesses must get a special permit Cannot operate within 1,320ft of each other and within 500ft of residential areas New payday lenders not allowed to locate within 1,320ft (one quarter mile) of existing operations or 500ft. of homes or residentially zoned property. Also requires a special permit. CITATION Summer 2011 Citation not available City Code Chapter 64 Title 17, Chapter 17.12, Section 17.12.415 Citation not available Title 11 “Zoning”, Section 11-1-6 Ordinance G4817 Chapter 18.45.040 JURISDICTION BASIS FOR LIMITS DETAILS CITATION South Tucson, AZ Zoning/Density City Ordinance Section 24-526 Tempe, AZ Density Tucson, AZ Density Youngtown, AZ Moratorium Limited to three business zones. Cannot open within 1,000ft. of existing operations or within 500ft. of residence districts, schools, playgrounds, or parks. Application required. Cannot operate within 1,320ft. of each other and 500ft. of residential areas No payday lender within 1,320 feet of same; at least 500 feet from R-3 or more restrictive zoning Banned in Town Limits East Palo Alto La Mirada, CA In process Distance Municipal Ordinance 21.45.010 Long Beach, CA Permit Los Altos, CA Moratorium Los Angeles, CA Increase credit unions National City, CA Moratorium Cannot operate within 1,000 feet of each other. Must be 500 feet from residential areas. Hours are limited to 7am-7pm. Restrictions on building. Check Cashing institutions must be located in commercial districts. 45 day moratorium – spring 2012 Ordinance provides incentives for credit unions to expand into areas where payday lenders are prevalent Check cashing and payday advance business moratorium. Chapter 4, Section 3-423 Article 3, 3.5.4.5. – Financial Service Section 17.16.040 Municipal Ordinance 21.15.480 No citation. Ordinance 2232 JURISDICTION BASIS FOR LIMITS DETAILS CITATION Norwalk, CA Distance/ Prohibition Municipal Ordinance 17.04.095 Oceanside, CA Permit Oakland, CA Permit Pacifica, CA Pico Rivera, CA Moratorium Distance/Zoning Outlets must be 1320ft. apart from each other. No more than 8 outlets in the city. Requires special operating permit, payday lenders classified as adult businesses, not permitted within 1000ft. of similar businesses or within 500ft. of home, church, park, or school. Special Permit, must not be closer than 1000ft. from another check casher/payday lender; must be at least 500ft. away from: 1) community education civic activities (schools) 2) state or federally chartered banks, savings associations, credit unions, or industrial loan companies 3) community assembly civic activities (churches) 4) liquor stores (excluding full service restaurants or liquor stores with 25 or more full time employees). In effect until 1/2012 Outlets must be 2,640ft. from each other.1 Zoned to certain areas. Redwood City, CA In process 1 Changed from a year long moratorium on payday advance establishments. Resolution 07-R0621-1 LCPA -2-07 and ZA-4-07 Oakland Planning Code 17.102.430 City Ordinance 1057 JURISDICTION BASIS FOR LIMITS DETAILS CITATION Rialto, CA Permit City Ordinance 18.66.030 Sacramento, CA Distance San Diego, CA Zoning Must go before planning commission to receive approval and conditional use permit. Bans Payday Lender from being within 1000ft of another lender, check casher, church, school or bank. Prohibits new stores from opening within 500ft of homes and limits hours from 7 a.m. to 7 p.m. Restricted to commercial zones. San Francisco, CA Special District San Jose, CA Zoning Santa Clara County, CA Prohibition Santa Monica, CA Permit South Gate, CA Special 2 Referred to as “Fringe Financial Services”. Outlets must be in specified districts.2 Caps # of outlets at current level; new owner can move into existing lending site within 6 mo, of vacancy otherwise lender must be ¼ mile from other lender and low income areas. Payday lenders prohibited in unincorporated areas. Must get conditional use permit Restricts hours of operation and lists minimum security req. Changed from no law concerning payday advance establishments City Ordinance 17.24.050 Municipal Code Section 158.0302 Municipal Code section 249.35 Title 20, chapter 20.70 and chapter 20.80, sec. 20.200.875, several parts incl. 12.5 JURISDICTION BASIS FOR LIMITS DETAILS CITATION Washington, DC Interest Rate Pay day lenders can charge no more than 24% interest on a loan not secured by real property and under $2500. DC Stat. 28-3301 Ft. Lauderdale, FL Permit *3 Pembroke Pines, FL Permit City Zoning Code does not prohibit or permit check cashing servesdecision on a case-bycase basis. Special Permit required. City Zoning Code does not prohibit or permit check cashing servesdecision on a case-bycase basis. Special Permit required. Columbus, GA Business restrictions/zonin g Payday lenders must have borrower database, loan caps, and a ban on multiple loans in a seven day period. Zoned to certain areas. Municipal Code Section 3.1.5 Belleville, IL Permit/Outlet Cap Outlets require permit. City limits number of outlets in city to three, Permit Outlets required to go through special licensing process Zoning Outlets may only be in specified districts Permit/Outlet Cap Outlets requires permit which are limited to 2 stores within the city limits. Bellwood, IL Chicago, IL Fairview Heights, IL 3 4 Citation not available Citation not available *4 Municipal Ordinance 7-24 City Ordinance section 117.187 City Code Chapter 17-3 Article XI JURISDICTION BASIS FOR LIMITS DETAILS CITATION Glendale Heights, IL Permit Springfield, IL Distance Special use permit required. Requires that outlets are at least 1500ft. apart City Code Title 4, chapter 1 City Ordinance Section 8155.048.1 Ames, IA Zoning Outlets must be more than 1,000 ft. schools, childcare centers, other payday lenders, land zoned for residential uses, any arterial street, commercial highway zones and overlay districts. Section 29.1312, ordinance #4111 Clive, IA Des Moines, IA Moratorium Temporary 3 month ban beginning May 2010 Citation not available DeSoto, KS Distance/Permit Article 5 of the Municipal Ordinances Kansas City, KS Zoning Requires a Permit at a cost of $250 annually. Requires that outlets are at least 5280ft. apart and 500ft. from residential districts. Periodic inspections may be made however, the inspection must be reasonable and cannot unreasonably interfere with business.5 Prohibits payday lending or check cashing on parkways or boulevards. West Des Moines, IA 5 Citation not available Changed from complete prohibition of Cash Advance businesses within the city limits. JURISDICTION BASIS FOR LIMITS DETAILS CITATION Shawnee, KS Distance/Permit Requires a Permit at a cost of $300 annually. Requires that outlets are at least 5280ft. apart and 200ft. from residential districts. Periodic inspections may be made however, the inspection must be reasonable and cannot unreasonably interfere with business.6 Municipal Ordinances Section 5.53.000 Prince George, MD Permit Restrictions on new check cashing businesses. Municipal Code Section 27341.01 Arnold, MO Permit Appendix B Zoning Bellefontaine, MO Moratorium Berkeley, MO Permit Blue Springs, MO Permit Conditional Use Permit for “small loan business to certain commercial areas. Ban on check cashing businesses and predatory lenders. Requires that outlets (including cash advance, pawnshops and similar businesses) are at least 1400ft. and not within 300ft. from place of worship, schools, or residential zone property.7 Outlets must have permits and be in proper districts.8 Smithville, KS 6 Municipal Code Section 29-9 Municipal Code section 400.130(d)(19) Municipal Code Chapter 405 Changed from prohibition of Cash Advance businesses on the eastern side of the city Creates a classification for payday loan establishment different from “financial institutions.” 8 Previously cited as having distance requirements however, no citation was provided and no matching ordinance was found. 7 JURISDICTION BASIS FOR LIMITS DETAILS CITATION Fairview Heights, MO Density/Permit Article XI of City Code Gladstone, MO Density Must be not more than 2 payday lenders within city limits. One mile between outlets, 200ft. from residential area, outlet must be in a multitenant commercial building housing at least four separate entities. Said to have regulation similar to Blue Springs and KC. Cannot find in code. Cannot be within 2500 ft. of another lender, 1000 ft of school, park, church, hospital, day care, public building or 500 ft. of a home. Outlets are required to have a permit. Ordinance allows city to inspect the outlets.9 Independence, MO Jackson County, MO – unincorporated areas proposed Kansas City, MO Permit 9 Changed from total ban on payday loan establishment in certain districts. Municipal Code section 7.135.020 Jan 2012 City Ordinances Section 43-1 JURISDICTION BASIS FOR LIMITS DETAILS CITATION City of North Kansas City, MO Permit/Distance City Ordinances section 7.135.020 Oak Grove, MO Permit St. Ann, MO Outlet Cap St. John, MO Outlet Cap St. Joseph, MO Density Requires Permit. At time of establishment must be: 1) one mile apart from each other 2) must be one mile from any hotel or motel 3) must be 1000ft. from liquor store, school, religious inst., senior citizen housing dev., museum, or landmark /historic property or district 4) No accessory services may be offered 5) May not be across the street from specified residential districts 4) Applicant for new establishment must demonstrate no negative impact on property within 500ft. of proposed location 5) permit limited to 2 years. Outlets limited to 1 outlet per 5000 residents and requires a special permit. No more than 3 payday lenders allowed within city limits. No more than 2 payday lenders allowed within city limits.10 Per capital limit of 1/15,000 residents. 10 Changed from creating a special licensing procedure. Citation not available Municipal Code Section 400.390 Municipal Code section 636.010 No citation JURISDICTION BASIS FOR LIMITS DETAILS CITATION St. Louis, MO Density Applies to “small loan business” and check cashing establishments. Conditional land use permits required. Must be 1 mile from each other and 500 feet from residence, school, or church Outlets must be 5280ft. apart from each other and 300ft. residential districts.11 Must obtain permit. Hours limited to 7a.m. – 9p.m. Outlets must be 1,000 feet from each other. Municipal Code section Moratorium beginning November, 2009. Moratorium on new check cashing businesses 90 day moratorium beginning March 2, 2010. Payday lending businesses are restricted to industrial zoned areas. 12 month moratorium beginning in 1/10.12 Citation not available Citation not available St. Louis County, MO Distance Valley Park, MO Permit Byram, MS Moratorium Canton, MS Moratorium Clinton, MS Moratorium Flowood, MS Zoning Starkville, MS Moratorium 11 12 Changed from requiring a conditional use permit with a public hearing. http://www.mpbonline.org/news/story/cities-crack-down-new-payday-lenders 26.08.101; 26.08.384 Municipal Code section 1003.133 Municipal Code section 605.340 et.seq Citation not available Municipal Code section 207.07 * JURISDICTION BASIS FOR LIMITS DETAILS CITATION Clark County, NV Permit/Density Municipal Ordinance Title 19.06 Henderson, NV Distance Las Vegas, NV Permit/Density North Las Vegas, NV Distance Special use permit required. May not be within 200ft. of residences. Must be 1000ft. from other financial institutions, auto title loan businesses, and pawn shops. Restricted hours. Outlets must be 1000ft. apart and 200ft. from residential district.13 Special use permit required. May not be within 200ft. of residences. Must be 1000ft. from other financial institutions, auto title loan businesses, and pawn shops. Restricted hours. Outlets must be 2500ft. apart from each other (or like business) and must be 500ft. from residential districts.14 Hackettstown, NJ Permit Payday lenders must get permission from city council to open downtown. Citation not available Municipal Ordinance section 19.4.3 Municipal Ordinance Title 19.06 Municipal Ordinances Chapter 17.24(25) 13 14 Changed from a 6 month moratorium on new payday lenders which started on July 2005 JURISDICTION BASIS FOR LIMITS DETAILS CITATION Clayton City, OH Permit/Distance Municipal Ordinance 1124.93 Cleveland, OH Density Cuyahoga Falls, OH Density Lakewood, OH Density/permit Parma, OH Density/Prohibiti ons Xenia, OH Distance/Zoning/ Permit Permit is required and operation hours are confined to 8 a.m. till 6 p.m.. The loans given: must not exceed $500, must be less than 6 months, the interest rate must not exceed 36%, and all terms and conditions must be written. Outlets must be 1000ft. apart and 1000ft. from residential districts. Ordinance limits outlets to one per 20000 residents, must be at least 1000ft. apart. Ordinance limits outlets to one per 10,000 residents, must be at least 1000ft. apart. Ordinance defines number of terms and limits location of payday loan business. They cannot be within 750ft. of any other payday loan or similar business. Stores cannot exceed one per 10,000 residents or locate within 1,000 feet of same. Limited to certain zoning districts. Outlets must be 5,000 ft. apart, restricted to certain zones, and a permit is required Citation not available Citation not available Municipal Ordinance 13652006 Chapter 1170 Municipal Ordinance 1294.21 JURISDICTION BASIS FOR LIMITS DETAILS CITATION Oklahoma City, OK Zoning Restricted to certain zones. Municipal Ordinance 8300.57 Beaverton, OR Loan Restriction Title 7, Chapter 7.12, Sections 7.12.005 7.12.060 Bend, OR Loan Restriction Borrower may cancel loan within close of next business day with restrictions. Lenders may not renew loans more than twice. Lender may not renew unless borrower has paid at least 25% of principle plus interest on balance. After max number of rollovers, lender shall allow borrower to convert to payment plan prior to default with no additional fees assessed. Passage of 2007 Oregon state law capping rates at 36% had no effect on local ordinances. Same as Beaverton, OR Eugene, OR Loan Restriction Same as Beaverton, OR Gresham, OR Loan Restriction Same as Beaverton, OR Oregon City, OR Loan Restriction Same as Beaverton, OR Portland, OR Loan Restriction Same as Beaverton, OR Chapter 7, Sections 7.850 7.895 Chapter 3, Sections 3.550 3.560 Chapter 9, Sections 9.90.010 – 9.90.110 Title 5, Chapter 5.32, Sections 5.32.010 – 5.32.100 Title 7, Chapter 7.26, Sections 7.26.010 – 7.26.110 JURISDICTION BASIS FOR LIMITS DETAILS Troutdale, OR Loan Restriction Same as Beaverton, OR Title 5, Chapter 5.06, Sections 5.06.010 – 5.06.110 Pittsburgh, PA Density Operating hours restricted. Cannot locate within 1,000 feet from same/pawn shop/gaming enterprise or within 500 feet from residential zone. Chapter 911, Section 911.04.A.93 Providence, RI Prohibition Restrictions on any city dealings with predatory lenders Municipal code section 2-18.2 Easley, SC Cap Citation not available Greenville, SC Density Restrictions on new payday lender businesses. Cannot locate less than 3,000 feet from same. Location must be in a shopping center/grocery store which has a minimum of 30,000 square feet. Lender cannot have separate exterior access. Studying check cashing outlet restrictions Outlet must be 1000ft apart and 1,320 from residential or landmark district. Zoning restrictions. Citation not available Appendix A (24) East Ridge, TN Memphis City and Shelby County, TN Distance Nashville, TN Zoning 15 In East Nashville lawsuit filed by title lender Tennessee Quick Cash in June 2010 CITATION Chapter 19, Article 19-4, Section 194.3.3(D)(6) Ordinance BL2008-169 15 JURISDICTION BASIS FOR LIMITS DETAILS Austin, TX Distance/ Prohibited District/ Loan restrictions Brownsville, TX Moratorium Dallas, TX Loan restrictions Loan restrictions same as Dallas, zoning: outlets cannot be within 1000 ft of each other, within 200 ft of property with residentl zoning, within 500 ft of rights-of-way for I-35 and other listed highways, no outlets in specified overlay or boundary areas. 6 month moratorium running through 5/10 Requires registration with city, outlines maintenance of records, cannot loan more than 20% of customer gross monthly income, installment payments cannot exceed 4, and 25% or more of each payment must go toward principle, no rollover of installment payment loan; lump sum payment loans cannot be rolled over more than three times, proceeds from rollover must be 25% or more toward principle, no refinance or renewal, less than 7 days = rollover. Fort Worth, TX Garland, TX CITATION Chapter 50, Article XI, adding to sections 50-144 through 50-151.3 2006? JURISDICTION BASIS FOR LIMITS DETAILS CITATION Irving, TX Distance Municipal code Section 52-35 Little Elm, TX Distance/ Prohibited District Mesquite, TX Distance/ Prohibited District Richardson, TX Distance Outlets must be 1000ft. apart from each other and more than 200ft. away from residential district.16 Outlets must be 1000ft. apart from each other and must be 500ft from residential districts. Outlets are prohibited in town center and must be a free standing structure Outlets must be 1000ft. apart, in freestanding buildings, at least 200ft. from residential areas and 500ft. from freeways. Cannot be in special “overlay” dist. Outlets must be 1000ft. apart.17 Sachse, TX Permit/Distance/ Prohibition 16 Changed from no statutes concerning payday lenders Changed from limit on number of outlets 18 Changed from requiring only a permit 17 Permit required. Payday Cash advance business (and like businesses) must be 1000ft. apart. Outlets are prohibited 500ft. from city line and George Bush Highway. Additionally, a cap of 36% annually is put on loans.18 Municipal Code Section 106-7 Municipal Code Section 3-505 Municipal Ordinance Supplemental regulations for certain uses section 9 Municipal Ordinance Article 3 section 11 JURISDICTION BASIS FOR LIMITS DETAILS CITATION San Antonio, TX Permit Requires outlets to get special authorization from city council. Operating hours are controlled by city council and no outdoor service is permitted. Municipal Codes chapter 35 American Fork, UT Density Brigham City, UT Density Municipal Code chapter 5.30 Title 29, Chapter 29.13, Section 29.13.020 Logan, UT Density Limited to 1/10,000 residents Cannot locate within 5,280 feet of same inside or outside city limits. Stores cannot exceed one per 10,000 residents. Defined as “nondepository lender” and restricted to 1/10,000 residents Payday lenders not permitted in mixed use zone. Limited to 15 outlets. Must be 1,000 ft from each other and 660 ft from pawnbroker or sexually oriented business. Must have sign that says that short terms loans should not be used as a long term solution Cannot locate within ½ mile of same. Stores cannot exceed one per 10,000 residents. Requires conditional use permit, only allowed in C3 zones No new payday cash advance business. Murray, UT Moratorium Ogden, UT Density Orem, UT Density Riverdale, UT Permit Roy, UT Moratorium Municipal Code 5.19.020 Title 17, Chapter 17.146, Section 17.146.020 Not yet codified – passed 6/10 Chapter 22, Article 22-14, Section 22-14-21 Article from StandardExaminer JURISDICTION BASIS FOR LIMITS DETAILS CITATION Salt Lake County (unincorporated) Density Stores cannot exceed one per 10,000 residents. Sandy, UT Density/Zoning/D Outlets must be 5,280 istance ft from each other. Limited to 1/10,000 residents. Conditional use permit. Zoned to certain areas. Density Cannot locate closer than 600 feet of same or residential zone. Stores cannot exceed one per 5,000 residents. Density Cannot locate within 1 mile of same. Title 5, Chapter 5.73, Sections 5.73.010 – 5.73.030 Chapter 15A-1120 South Salt Lake City, UT South Jordan, UT Taylorsville, UT Density West Jordan, UT Density West Valley City, UT Density Burlington, VT Zoning Chesterfield County, VA Zoning Cannot locate within 600 feet of same. Stores cannot exceed one per 10,000 residents. Cannot locate within 1,000 feet from same. Maximum of 12 stores allowed in city. Cannot locate within 600 feet of same. Stores cannot exceed one per 10,000 residents. Does not allow check cashing Stores cannot have separate exterior entrance. Limited to certain commercial zones. Title 17, Chapter 17.26, Section 17.26.030 Title 17, Chapter 17.52, Section 17.52.030 Title 13, Chapter 13.04, Section 13.04.103 Title 13, Chapter 13.5, E-5 Title 7, Chapter 7.1, Section 7.1.103 Chapter 19, Sections 19.145 & 19.175 JURISDICTION BASIS FOR LIMITS DETAILS CITATION Norfolk, VA Permit Must receive permission form the city council in the form of “special exception use” permit Chapter 6-4 Green Bay, WI Density Chapter 13, Section 13.1606 Madison, WI Density Milwaukee, WI Density Racine, WI Density Superior, WI Zoning/Density Wauwatosa, WI Density West Allis, WI Distance Cannot locate within 5,000 feet of same or 150 feet of residential zone. Cannot operate between the hours of 9 p.m. – 6 a.m. Cannot locate within 5,000 feet of same. Cannot locate within 1,500 feet of same or within 150 feet of residential zone. Cannot locate within 2,500 feet of same or within 250 feet of residential zone. Limited to commercial highway zones only. Cannot locate within 2,500 feet of same or within 300 feet of residential zone. Stores cannot exceed one per 5,000 residents. Hours of operation limited to 8 a.m. – 10 p.m. Cannot locate within 2,500 feet of same or within 250 feet of residential zone. Cannot operate between the hours of 9 p.m. – 9 a.m. Outlets must be 3,000 ft apart and restricted to regular business hours Chapter 28, Section 28.09 Subchapter 6, Section 6.295.603 Chapter 114, Article V, Division 3, Section 114.468 Chapter 122, Article V, Section 122.614 Title 24, Chapter 24.46, Section 24.46.100 City Ordinance 9.32 and 12.43
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